Terms & Conditions
Welcome to Glassful!
Your Relationship with Glassful
- "Glassful" means Thirsty.corp, a Delaware corporation, whose principal place of business is at 37-18 Northern Boulevard, Suite 102, Long Island City, NY 11101, doing business under the name Glassful. This document sets out the terms of that agreement which will always include these terms and conditions. These are referred to as the "Terms".
Accepting the Terms
- To use the Services, you must first agree to the Terms and may not use the Services if you do not accept the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where available, or by actually using the services provided by Glassful or its Vendors ("Services").
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Glassful, or (b) you are barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are a resident or from which you use the Services.
- Before you continue, you should print or save a local copy of the Terms for your records.
- Glassful relies upon a network of independent vendors ("Vendors") who assist in providing Services to you, including shipping and third party credit card processing. If you purchase any product or service made available to you (a "Transaction") you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting this information, you grant to Glassful and Vendor the right to provide this information to third parties for purposes of completing Transactions initiated by you or on your behalf.
- In connection with each Transaction, you represent that (i) you have the legal right to use any credit card(s) utilized in connection with any transaction, (ii) you may purchase and receive the products ordered in compliance with all applicable laws, including the alcoholic beverage control laws of the jurisdiction in which you reside, and (iii) the products will be used only in a lawful manner.
Glassful 100% Satisfaction Guarantee
We want you to be 100% satisfied with your wine or other merchandise purchase. If ever you are dissatisfied with any product you receive from us, just call us at 1-718-606-6132 and we'll either replace it or provide you with a full credit toward your next purchase within 30 days.
Return Policy for Damaged Product; Risk of Loss
- If you have a broken bottle or damaged delivery issue, call us at 1-718-606-6132 within 30 days of delivery. We will work with you to resolve the problem to your complete satisfaction, which may include replacement or a full credit.
- The items purchased from our location are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
Provision of Services by Glassful
- Glassful is constantly innovating in order to provide the best possible experience for its users. The form and nature of the Services which Glassful provides may change from time to time without prior notice to you.
- As part of this continuing innovation, Glassful may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Glassful's sole discretion, without prior notice. You may stop using the Services at any time via the the website or by contacting Glassful. You do not need to specifically inform Glassful when you stop using the Services.
- If Glassful disables access to your account, you may be prevented from accessing the Services, your account details or any other content that is contained in your account.
Membership Eligibility; Your Use of the Services
- Membership in Glassful is available to members who are 21 years and older, residents of the United States and who have not been suspended or removed by Glassful. The Services are for personal use and not for commercial purposes. Members may not have more than one active membership account or sell or trade a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. If Glassful suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. Any registration information you give to Glassful will always be accurate, correct and up to date.
- You may use the Services only for purposes that are permitted by the Terms and any applicable law or regulation.
- You may not:
- access (or attempt to access) any of the Services by any means other than through the interface that is provided by Glassful.
- engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You are solely responsible for (and Glassful has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Glassful may suffer) of any breach.
Your Passwords and Account Security
- You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and you will be solely responsible to Glassful for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you must notify Glassful immediately at.
Privacy and Your Personal Information
- You consent to the use of your data in accordance with Glassful's privacy policies.
Content in the Services
- All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
- Information which you have access to as part of, or through your use of, the Services ("Content") may be protected by intellectual property rights which are owned by third parties who provide that Content to Glassful (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Glassful or by the owners of that Content, in a separate agreement.
- Glassful (or Glassful's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not, and wherever in the world those rights may exist).
- Nothing in the Terms gives you a right to use any of Glassful's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Glassful, then your use of these features are subject to that agreement and any applicable provisions of the Terms, as updated from time to time.
License from Glassful
Glassful gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by Glassful. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Glassful, as permitted by the Terms.
Content License from You
- By submitting, posting or displaying any content on or through the Services, you give Glassful a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. Glassful reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.
- You confirm and warrant to Glassful that you have all the rights, power and authority necessary to grant the above license.
Ending Your Relationship with Glassful
- The Terms will continue to apply until terminated by either you or Glassful as set out below.
- If you want to terminate your legal agreement with Glassful, you may do so by (a) notifying Glassful at any time and (b) closing your account for all of the Services, where Glassful has made this option available to you.
- Glassful may at any time, terminate its agreement with you for any reason, including if:
- you breach any provision of the Terms (or act in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Glassful is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- A partner with whom Glassful offered the Services to you has terminated its relationship with Glassful or ceased to offer the Services; or
- Glassful is transitioning to no longer providing the Services to users in the jurisdiction in which you reside or from which you use the Service; or
- the provision of the Services to you by Glassful is, in Glassful's opinion, no longer commercially viable.
- Nothing in this Section shall affect Glassful's rights under Section 6 of the Terms.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Glassful have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
Exclusion of Warranties
- Nothing in these Terms, including sections 15 and 16, shall exclude or limit Glassful's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- Your use of the Services is at your sole risk and that the Services are provided "as is" and "as available."
- In particular, Glassful, and affiliates, and its licensors do not represent or warrant to you that your use of the Services will meet your requirements, or that your use of the Services will be uninterrupted, timely, secure or free from error.
- Any products obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage that results from your use of the Services and products.
- Glassful shall have no responsibility or liability to you for third party products made available through its website or Services and any claims or disputes by you regarding these products must be brought directly to and shall be the responsibility of, that third party vendor.
- Glassful expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
- Except limited by paragraph 15.1 above, Glassful, and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages incurred by you, however caused and under any theory of liability.
- Any loss or damage incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the Services; or
- Any changes which Glassful may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); or
- Your failure to provide Glassful with accurate account information; or
- Your failure to keep your password or account details secure and confidential; or
- Consumption by you of any of the products made by Glassful or its Vendors.
- The limitations on Glassful's liability to you in paragraph 16.1 above shall apply whether or not Glassful has been advised of or should have been aware of the possibility of any such losses.
- Except limited by paragraph 15.1 above, Glassful, and affiliates, and its licensors shall not be liable to you for:
Copyright and Trade Mark Policies
It is Glassful's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
- Some of the Services are supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by Glassful on the Services are subject to change without specific notice to you.
- In consideration for Glassful granting you access to and use of the Services, you agree that Glassful may place such advertising on the Services.
- The Services may include hyperlinks to other web sites or content or resources. Glassful may have no control over any web sites or resources which are provided by companies or persons other than Glassful.
- Glassful is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- Glassful is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
- Glassful may make changes to these Terms from time to time. When these changes are made, Glassful will make a new copy of the Terms available on its website.
- If you use the Services after the date on which the Terms have changed, Glassful will treat your use as acceptance of the updated Terms.
Shipping and Returns
- Orders are shipped using ground service. Order processing time is contingent upon credit card authorization, and does not include weekends or holidays. If you are dissatisfied in any way with your purchase, please contact us within 30 days of your purchase date via email at email@example.com; so that the situation may be corrected. Following wine-trade traditions, all bottles seven years or older are purchased at the buyer's risk.
- You are responsible for having an adult available to accept the shipment. All common carriers (FedEx and UPS) require an adult signature to accept the wines no exceptions. Each carrier will make three attempts to deliver the wine and it is the responsibility of the Member to make alternate arrangements if necessary. Each carrier allows for a multitude of ways for you to get your wine, if you have any questions about your options, please contact us at firstname.lastname@example.org.
- All wine returned to Glassful because of non deliverability will be credited back to you minus the actual cost of shipping and handling, or re-shipped. You are responsible for any re-shipping fees. We strongly recommend you send your wine to a business address where an adult will be available to sign during business hours. We are sorry we cannot make exceptions to this policy. You can always place your order on hold with us for an unlimited amount of, time free of charge. We will be happy to ship your wine for you when convenient.
Use of the Site
Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
- Obtain unauthorized access to any computer system.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of Glassful.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse the "Invite a Friend" benefit in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.
- Abuse special discounts, awards or incentives offered by Glassful. Unless otherwise specified, only one offer is valid per person, maximum two per household.
Links to Third-Party Websites; No Implied Endorsements
This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.
General Legal Terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another. Your use of these other services, software or goods may be subject to separate terms between you and the provider. If so, the Terms do not affect your legal relationship with these other providers.
- The Terms constitute the whole legal agreement between you and Glassful and govern your use of the Services, and completely replace any prior agreements between you and Glassful in relation to the Services.
- Glassful may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- If Glassful does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Glassful has the benefit of under any applicable law), this will not be taken to be a formal waiver of Glassful's rights and that those rights or remedies will still be available to Glassful.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- Any affiliate of Glassful shall be third party beneficiaries to the Terms and that those affiliates are entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- The laws of the State of New York, without regard to its conflict of laws provisions, will govern the Terms, and your relationship with Glassful under the Terms. Any controversy or claim arising out of or relating to these Terms, the Services or the relationship between you and us shall be settled by binding arbitration administered by the American Arbitration Association using the AAA's Commercial Dispute Resolution Procedures held in New York, New York and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration is specific to you, and as such, you agree that you shall not bring or participate in any action against Glassful as part of a class action either in arbitration or in any court. In the event the foregoing is held to be unenforceable by any court, You and Glassful agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Glassful shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: email@example.com or Attention: Adria Jover, Thirsty.corp at 37-18 Northern Boulevard, Suite 102, Long Island City, NY 11101.
Code of Conduct
At Glassful, we continually strive to offer our members a superior experience by curating small-production, hard-to-find products that our procurement teams discover from all over the world. We also do our best to offer a first-class experience for our members, and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member's account for any violation of the Terms. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on Glassful or any other website in regards to Glassful, or while contacting any Member team is prohibited.